변호사법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant purchased large amounts of bonds with low possibility of recovery at the market only without actual monetary loan business, and applied for a payment order against the debtor, and received a seizure and collection order from the court and forced the debtor to collect the bonds by using various means and pressure against the debtor. In addition, the defendant's collection business operator cannot be deemed to be "credit collection business operator" as permitted by Article 2 subparagraph 1 of the Act on Registration of Loan Business, etc. and Protection of Financial Users (hereinafter "Loan Business Act"). Thus, the court below erred by misapprehending the legal principles, which acquitted the defendant as a credit service provider registered under the Loan Business Act, and thereby acquitted the defendant.
2. Judgment on the grounds for appeal
A. From May 12, 2009, the Defendant, from around May 12, 2009, acquired a large quantity of non-performing loans, the collection of which is unclear at the time solely from the time of the transfer of the registered credit service provider that runs the lending business under the name of “E (E)” or the actual lending business, without any permission, and when the payment order, etc. becomes final and conclusive through the electronic payment order claim lawsuit against the obligor, etc., the Defendant was willing to engage in the business of executing the right by the method of seizure and collection, etc.
The Defendant acquired 245 loans from H on May 26, 2009 KRW 21,363,514, KRW 27,582,06, KRW 313 loans around July 31, 2009; KRW 1,200 loans around December 23, 2009; KRW 95,53,048; KRW 1,355 loans around December 26, 2012; KRW 160,42,025; KRW 813 loans around December 20, 2013; KRW 93,134,4024; and KRW 1,35 loans around December 13, 2015; and KRW 1,355 loans from other credit business companies around 160,42,101; and KRW 813 loans around December 20, 2013; and KRW 10,14,154,106.14